ACEQUIA & DITCH INFRASTRUCTURE FUND TRANSFER

SB 193
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ACT
RELATING TO WATER; INCREASING THE ANNUAL TRANSFER FROM THE
NEW MEXICO IRRIGATION WORKS CONSTRUCTION FUND TO THE ACEQUIA
AND COMMUNITY DITCH INFRASTRUCTURE FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 72-14-23 NMSA 1978 (being Laws 1955,
Chapter 266, Section 15, as amended by Laws 2019, Chapter 62,
Section 9 and by Laws 2019, Chapter 169, Section 2) is
amended to read:
"72-14-23. NEW MEXICO IRRIGATION WORKS CONSTRUCTION
FUND CREATED--LIMITATION OF LIABILITY UNDER ACT--REPARATION
OF DAMAGES CAUSED IN CARRYING OUT POWERS GRANTED--AUTHORITY
OF COMMISSION TO RECEIVE CONTRIBUTIONS.--
A. The "New Mexico irrigation works construction
fund" is created as a nonreverting fund in the state treasury
and shall consist of the income creditable to the permanent
reservoirs for irrigation purposes income fund not otherwise
pledged under Section 72-14-19 NMSA 1978 and all other money
that may be appropriated by the legislature to the fund.
B. Annually, five million dollars ($5,000,000)
shall be transferred from the New Mexico irrigation works
construction fund to the acequia and community ditch
infrastructure fund.
C. Annually, one million dollars ($1,000,000)
SB 193
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
shall be transferred from the New Mexico irrigation works
construction fund to the forest land protection revolving
fund.
D. The cost of investigations and construction as
authorized in Section 72-14-11 NMSA 1978 shall be paid from
the New Mexico irrigation works construction fund and also
the cost of all preliminary work on any project, and all
expenses directly chargeable to such project, prior to the
receipt of the proceeds of bonds, shall be paid from the
construction fund. The amount of all such expenses on
account of any project and such part of the general
administrative expenses of the commission and the cost of
investigation as shall be properly chargeable, in the opinion
of the commission, to such project shall be reimbursed to the
construction fund upon the receipt of the proceeds of bonds
issued for such project. No liability or obligation shall be
incurred under the provisions of Sections 72-14-9 through
72-14-28 NMSA 1978 beyond the extent to which the money has
been provided under the authority of those sections. All
public and private property damaged or destroyed in carrying
out the powers granted under those sections shall be restored
or repaired and placed in its original condition, as nearly
as practicable, or adequate compensation made therefor out of
funds provided by those sections.
E. The commission shall also have authority to pay
SB 193
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the cost of such investigations and construction on any
project from the New Mexico irrigation works construction
fund when contracts in form satisfactory to it have been
entered into whereby title to works have been mortgaged,
deeded, assigned or transferred by the owner to the
commission, and a program for reimbursement of all amounts
expended, together with operation and maintenance charges,
have been agreed upon; provided that no construction contract
shall be entered into without the prior approval of the state
board of finance. The commission shall also have authority
to receive and accept appropriations and contributions from
any source of either money or property or other things of
value to be held, used and applied for the purposes provided
in Sections 72-14-9 through 72-14-28 NMSA 1978."
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.